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Home My WebLink AboutCC 2004-11-08 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 08, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 8th day of November, 2004 at 5:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson George Staples John Pitstick Larry Koonce Mike Curtis Mary Edwards Dave Green Patrick Hillis Call to Order Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Director of Development Finance Director Public Works Director Public Information Officer Director of Planning Director of Human Resources Mayor Trevino called the Pre-Council meeting to order at 5:00 p.m. 1. Discuss items from ReQular November 08. 2004 City Council MeetinQ None. 2. Executive Session Mayor Trevino announced at 5:01 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) Consultation with City Attorney pursuant to Section 551.071 Texas Government Code to City Council Minutes November 08, 2004 Page 2 seek advice about pending litigation on Hughes vs. City of North Richland Hills; and b) seek advise about pending litigation on Davis vs. North Richland Hills. Adjournment Mayor Trevino announced at 6:43 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order November 08,2004 at 7:00 p.m. ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilman Metts led the invocation. City Council Minutes November 08, 2004 Page 3 3. PLEDGE OF ALLEGIANCE Councilman Metts led the pledge of allegiance. 4. SPECIAL PRESENTATIONS Councilman Lewis and Keep North Richland Hills Beautiful Commission Member Kathy Luppy presented certificates to the following Clean Campus Award winners: Alliene Mullendore Elementary, Green Valley Elementary, North Ridge Elementary, Smithfield Middle School, Snow Heights Elementary and The Academy at Carrie. F. Thomas. 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE OCTOBER 25, 2004 COUNCIL MEETING B. GN 2004-104 CANCELLATION OF NOVEMBER 22,2004 AND DECEMBER 27, 2004 CITY COUNCIL MEETINGS Councilwoman Johnson requested that Mayor Trevino read item 78 so the public would be aware of the cancelled council meetings. Councilwoman Johnson moved, seconded by Councilwoman Bielik to approve the consent agenda. City Council Minutes November 08, 2004 Page 4 Motion to approve carried 7-0. 8. ZC 2004-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TERRY AND KATHY MARTIN FOR A ZONING CHANGE FROM "R-1-S" SPECIAL SINGLE FAMILY DISTRICT TO "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATED AT 7813 GREEN VALLEY DRIVE - 0.721 ACRES) - ORDINANCE NO. 2809 APPROVED Mayor Trevino opened the public hearing. Mr. Mark Long, representing applicant, was available to answer questions from council. The purpose of the request is to plat current site into two lots in order to build a single family residence on each lot. In 1999 the property was rezoned R-1-S, but by subdividing the site in two lots the applicant can not meet the R-1-S minimum lot size. A preliminary plat for this site was approved by the Planning and Zoning Commission on October 21, 2004. The Planning and Zoning Commission and staff recommend approval of request. Director of Zoning Dave Green was available to answer council questions. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilman Lewis moved to approve ZC 2004-06. Mayor Pro Tem Whitson seconded the motion. Motion to approve carried 7-0. 9. ZC 2004-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TED MILLER FOR A ZONING CHANGE FROM "AG" AGRICULTURE TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED AT 8209 MAIN STREET -1.0 ACRE)- ORDINANCE NO. 2810 DENIED Mayor Trevino opened the public hearing. J.D. Scott (owner of property), representing applicant, was available to answer questions from council. ___<_.·_~~'V~~_.'~~____'._._____,_~__~_,._,_,_,___,"_.,__"_._____ City Council Minutes November 08, 2004 Page 5 The purpose of the request is to rezone existing platted lot to build a single family residence. The site originally contained a residential structure and out buildings but is currently vacant. The Comprehensive Plan indicates retail uses for this area of Main Street and Amundson Drive, east of Davis Boulevard. The proposed use is not consistent with the Comprehensive Plan and the plan's depiction of non-residential uses for this area is based on the concept that a future DART Regional Rail stop near this vicinity would generate transit-oriented retail development nearby. Staff from the Planning and Economic Development departments are currently working with the city's consultant and the Council of Governments to develop a transit-oriented component to the Smithfield Plan. A draft of the plan component will be presented to the Planning and Zoning Commission and City Council early next year for consideration. The Planning and Zoning Commission at their September 21, 2004 recommended approval of request. Mr. Green was available to answer questions from council. Council discussed the possibility of a rail station near applicant's location. Councilwoman Cox asked if council should withhold voting for zoning request change until the first of the year. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilman Metts moved to deny ZC 2004-007. Councilwoman Johnson seconded the motion. Motion to deny carried 5-2 with Councilmen Lewis, Metts, Welch and Councilwomen Cox and Johnson voting for denial and Mayor Pro Tem Whitson and Councilwoman Bielik against denial. 10. FP 2004-05 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FAMILY PARTNERSHIP TO APPROVE THE FINAL PLAT OF LOTS 59-63, BLOCK 1 OF FOREST GLENN WEST ADDITION (LOCATED NORTH OF THE 7900 BLOCK OF GREEN VALLEY DRIVE -1.348 ACRES) APPROVED Mr. Mark Long, representing applicant, was available to answer questions from council. The purpose of the request is to add approximately two additional unplatted acres to the original subdivision. The addition of this two-acre tract to the original subdivision requires several existing platted lots to be reconfigured. A replat request is required as City Council Minutes November 08, 2004 Page 6 a result of the reconfiguration, which is also for council's consideration and has been placed on the agenda as well. The Planning and Zoning Commission has recommended approval of request. Mr. Green was available to answer questions from council. Councilman Welch moved to approve FP 2004-05. Mayor Pro Tem Whitson seconded the motion. Motion to approve carried 7-0. 11. RP 2004-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J & J NRH 100 FAMILY PARTNERSHIP TO APPROVE THE REPLAT OF LOTS 35R-38R & 43R, BLOCK 1 OF FOREST GLENN WEST ADDITION (LOCATED NORTH OF THE 7900 BLOCK OF GREEN VALLEY DRIVE - 1.954 ACRES) APPROVED Mayor Trevino opened the public hearing. The purpose of the request is to approve previously (item 10) approved lots from the Forest Glenn West Addition, which will incorporate additional adjacent land into the subdivision. Public Works Staff has reviewed and verified all plat requirements have been met. The Planning and Zoning Commission recommended approval of request. Mr. Green was available to answer questions from council. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilwoman Johnson moved to approve RP 2004-11. Councilman Metts seconded the motion. Motion to approve carried 7-0. 12. SUP 2004-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 17, L TD FOR A SPECIAL USE PERMIT (SUP) FOR A SENIOR INDEPENDENT LIVING FACILITY (LOCATED AT 8200 MID-CITIES BOULEVARD -7.394 ACRES) - ORDINANCE NO. 2811 APPROVED Mayor Trevino opened the public hearing. -. ._~-_...~^---~--.~---'''_.~---,_.._._-".._-,,--, City Council Minutes November 08, 2004 Page 7 Mayor Trevino advised council and those in the audience that this item would be heard after item 14 to allow applicant time to get to the council meeting. 13. GN 2004-103 RESOLUTION REAPPOINTING THE CITY MANAGER OR HIS DESIGNEE TO THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 2004-074 APPROVED City Manager Larry Cunningham advised an Urban Transit District Board was established in September 2002 when council approved an interlocal agreement with the cities of Bedford, Euless, Grapevine, Haltom City, Hurst and Keller. The Board was created to make improvements to the Northeast Transportation Services, which is commonly referred to as the NETS program, which serves senior citizens and disabled individuals. In establishing the District it was required to have a board of director from each participating city, which was served by each City Manager for a term of one year. The second year of the NETSUTD ended September 30,2004 and the Board of Directors is recommending that their respective council's appoint the City Managers for another year. Mayor Pro Tem Whitson moved to approve GN 2004-103 and Resolution No. 2004-074. Councilman Lewis seconded the motion. Councilwoman Johnson encouraged Mr. Cunningham to see about enlisting other surrounding cities. Motion to approve carried 7-0. 14. INFORMATION AND REPORTS Councilman Welch made the following announcements. 5th Annual Northeast Recycles Day Flea Market The 5th Annual Northeast Recycles Day Flea Market will be held Saturday November 13, from 8 a.m. to 3 p.m., at the Richland Business Centre, 6357 Grapevine Hwy. This event is in celebration of Texas Recycles Day. The purpose is to encourage the re- buying of used items to reduce waste, save energy, conserve natural resources, and to provide recycling education. For more information call Neighborhood Services at 817- 427-6651. City Council Minutes November 08, 2004 Page 8 ThanksQivinQ Celebrations Dan Echols Senior Center will host a Thanksgiving Celebration for Senior Citizens at 11 a.m. on Wednesday, November 17. Pre-registration is required. For more information, please call 817-281-9267. Bursey Road Senior Center will offer a free Thanksgiving Meal for Senior Citizens at 11 a.m. on Wednesday, November 24. For more information, please call 817-656-9525. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Keller Police Chief Mark Hafner sent a letter thanking the North Richland Hills Police Department for assisting his department. He specifically praised Officers James George and Jeff Garner, as well as Sgt. Mike Hamlin. Chief Hafner said: "The can do spirit permeates throughout your organization. The residents of Keller and North Richland Hills have a better community because of our sharing resources." 12. SUP 2004-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 17, L TD FOR A SPECIAL USE PERMIT (SUP) FOR A SENIOR INDEPENDENT LIVING FACILITY (LOCATED AT 8200 MID-CITIES BOULEVARD -7.394 ACRES) - ORDINANCE NO. 2811 APPROVED Mayor Trevino advised council and the public he was returning to item 12. The purpose of the request is to consider a request from a potential buyer who proposes to develop a 192-unit senior independent living facility. This type of facility is a permitted use for proposed area, but requires approval of a special use permit. The ordinance requires a request for a special use permit to be accompanied by specific plans or drawings that demonstrates a project's compliance with required standards and an assessment of the impact of the proposed development on adjacent properties. Plans submitted by the potential buyer for the proposed development are conceptual in nature and do not reflect all of the specific design information staff feels is necessary for final site approval. Applicant, on behalf of potential buyer, has requested council's consideration of special use permit prior to commencing with the final engineering designs for the development. Mr. Green advised staff's effort to be sensitive to market situations believed they could handle project in two steps (1) use and (2) site design. Staff is willing to consider the appropriateness of the use as long as the applicant understands they are required to have a final site plan approval by staff, Planning and Zoning Commission and City Council prior to any building permits being issued for construction. The Planning and Zoning Commission recommended approval of request with the following stipulations: a __··__·_'··'_~.·~~.'""<~~_._u«_~.__._,_,..,,~_, ~_.._ __..___.,.'^,,_~ City Council Minutes November 08, 2004 Page 9 definition for "senior independent living" is provided and the project is brought back for final site plan approval. Staff feels the character of the project is consistent with the Home Town Regulating Plan and supports the land use request (as recommended by the Planning and Zoning Commission) for an independent living facility. In regard to the site plan, staff is recommending approval of the concept plan with the following exceptions: parking as currently shown on plan, parking ratio as currently shown on plan, street tree landscaping as it is itemized and the project sign as it is currently mentioned. Council discussed the definition of senior independent living as defined by staff. Mr. Dan Quinto, applicant, was available to answer questions from council. Councilman Welch inquired about unit mix of living facility. Mr. Quinto did not have available information and asked if he could supply information at a later time. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Mr. James Jong with KSNG Architect provided council with an idea of the unit mix for the proposed living facility. Mayor Pro Tem Whitson moved to approve Ordinance No. 2811 as recommended by Planning and Zoning Commission for the use and design in concept accepting as Planning and Zoning Commission has pointed out the definition of the senior independent living is provided prior to site plan, the project is brought back for final site plan approval, the parking concerns are taken care of, the parking ratio is listed, the street parking is better defined, the landscaping is brought up to the current landscape concept and the project sign as designated on the special use permit conceptual plan be adjusted. City Attorney George Staples suggested council's approval is subject to submission by the owner and approval by the council of a final site plan that meets all city requirements. Mayor Pro Tem Whitson agreed with Mr. Staples suggested motion. Councilwoman Johnson seconded the motion. Councilman Welch is uncertain as to why council is approving an ordinance subject to the applicant bringing back a formal special use permit. City Council Minutes November 08, 2004 Page 10 Mayor Trevino advised council applicant is seeking council's approval of an independent living center at the location. Mr. Cunningham advised applicant came forward with something contrary to the ordinance. The applicant cannot build anything contrary to the ordinance unless it is approved through a site plan, which is approved by council. Should council approve the special use permit for a senior independent living zoning the applicant has to comply with everything. Therefore, there are no exceptions. Motion to approve carried 5-2 with Mayor Pro Tem Whitson, Councilmen Lewis and Metts, and Councilwomen Cox and Johnson voting for approval and Councilwoman Bielik and Councilman Welch voting against. 15. ADJOURNMENT ,I.~""" ,:,..¡:"',,~_ ""'~~~~'~ /I)' ..,.... "." ~ ..~ '. ~ .... . -. ~ '&. E: \. '\ .::: r ;--a' :: : &1::::-0 ~~l· . .J (..·.·...··\~V:/Jt·· ·;/ßt~ \.,_._~/,.. ~.. ......... pátij;;:iå·tiJtšoR-.,~'·City Secretary ~"""H" 1111\"\' "". Mayor Trevino adjourned the meeting at 8:29 p.m. ___~-_. . ~""";-.".'£--- .»'/1/·/~····/~.. ~.// ~ '//,- I¡/J '-" (/" I~ Oscar Treviilo - Mayor